Ed Dwayne Smith v. Susan L. Hubbard

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISMISSING COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM

(Doc. 1)

THIRTY-DAY DEADLINE

Screening Order

I. Screening Requirement and Standard

Plaintiff Ed Dwayne Smith, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 19, 2010. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted."

To state a claim, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Id. at 1949. This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

II. Plaintiff's Claims

Plaintiff, who is currently incarcerated at High Desert State Prison, brings this action against Correctional Officers F. Field and E. Felix; Appeals Coordinators J. Jones and Hicinbonton; and California Department of Corrections and Rehabilitation Director Susan L. Hubbard based on events which occurred while he was housed at California State Prison-Corcoran.

A. Defendants Field and Felix

1. Allegations

On July 18, 2007, Plaintiff was placed in the Administrative Segregation Unit (ASU) pending an investigation into the murder of an inmate. On September 12, 2007, Defendant Felix provided Plaintiff with a copy of a rules violation report he prepared. Plaintiff alleges ...

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